The leadership of the National Broadcasting and Telecommunications Commission (NBTC) has been plunged into legal hot water after a former Senate oversight committee member provided testimony alleging the NBTC chairman, Dr Sarana Boonbaichaiyapruck, lacks the legal qualifications to hold office.
Gen Anantaporn Kanjanarat, former chairman of the Senate Committee on Information Communication Technology and Telecommunications (ICT), testified to the NBTC selection committee yesterday.
On June 19, Gen Anantaporn and eight former members of the Senate committee submitted a comprehensive fact-finding report about Dr Sarana's qualifications to the NBTC selection committee.
BREAKING THE LAW
Gen Anantaporn's testimony alleged Dr Sarana lacks the qualifications and meets conditions that violate the Frequency Allocation Act of 2010.
According to the report, Dr Sarana lacks qualifications under Section 7 (b)(12) and Section 20 (4) of the law. These provisions prohibit any individual who has served as a director, executive or consultant for a broadcasting or telecom entity within one year prior to their selection as NBTC commissioner from holding a seat on the commission.
A probe revealed that Ramathibodi Hospital at Mahidol University, where Dr Sarana previously held an executive post, holds an NBTC licence to operate the "Rama Channel" TV station.
Furthermore, the report alleged Dr Sarana violated Section 26, which mandates commissioners serve on a full-time basis.
Investigations determined after his appointment to the NBTC post, Dr Sarana allegedly continued to serve as an independent director for Bangkok Bank and maintained an active medical practice at both state and private hospitals.
Other allegations involve articles 8 and 18 of the law. Article 8 states commissioners must not be state officials, employees of state agencies or state enterprises, nor directors or advisors of state enterprises or state agencies.
In addition, they must not be self-employed in professions that lead to direct or indirect conflicts of interest with their duties at the NBTC.
According to Article 18, selected prospective commissioners must resign from the prohibited posts mentioned within 15 days after being selected by the Senate to serve as commissioners, which paves the way for royal appointment.
Failure to resign from the prohibited posts by the deadline means the Senate cannot confirm these candidates, according to the law.
The evidence indicates Dr Sarana remained a Mahidol University employee until April 12, 2022, one day before his royal appointment to the NBTC chairman post, noted the report.
Dr Sarana also failed to provide tangible evidence of his resignation or the cessation of his private professional practices within the legally prescribed time frame, the report stated.
To bolster its claims, the committee report cited Dr Sarana's personal income tax filings, which showed continuous income derived from medical services, independent professional practice, and private sector contracts after taking office at the NBTC through until 2023.
The NBTC selection committee said it is determining whether to initiate a new recruitment process.
Dr Sarana sent a letter to the selection committee objecting to its authority regarding his case.
